Issue link: https://maltatoday.uberflip.com/i/1398274
16 maltatoday | SUNDAY • 1 AUGUST 2021 NEWS JAMES DEBONO DOCUMENTS submitted to prove the legality of existing structures at the Zurrieq wed- ding hall Garden of Eden, have cast a light on a series of proce- dural errors on the part of the authorities, 30 years ago. Documents proving the ab- sence of illegalities on the Ni- gret site, submitted in the wake of an application to demolish the existing wedding hall to make way for 12 luxury bun- galows, show that the author- ities mysteriously withdrew an appeal against a court sentence that absolved the owners of conducting illegal work – after presenting it against the wrong person. Former PA Executive Chair- man Johann Buttigieg, in a let- ter sent to the owners in May 2014, certified the legality of the site. In his letter Buttigieg states that following verifica- tions of court procedures and legal advice,"the authority can- not state that the premises in question are illegal or that ille- galities exist on site." An original permit for a boundary wall in the Nigret site had been issued to Joseph Bal- dacchino in October 1988. In January 1989 he was also issued a trading licence for "an open air disco for the holding of dis- co dances", and to sell drinks, following a "no objection" by the Works Department. In 1990, the licence was with- drawn in view of "unauthor- ized structures" consisting of "rooms roofed with a wooden ceiling" which had been erect- ed in the area. But in October 1990, Baldachino was found not guilty of building without a permit, with the magistrate saying there was "reasonable doubt" that the structures were built before the revocation of the police trading licence. The police and Attorney Gen- eral appealed this decision, ar- guing that the 'no objection' of the Works Department to the disco licence did not amount to a permit for the illegal struc- tures. But the appeal was erroneous- ly filed against a certain Joseph Polidano, instead of against Joseph Baldacchino. The error was rectified four years later. But Baldachino contested this, arguing that this went beyond the four days the police had to file the appeal; apart from ar- guing that they had no grounds to appeal the sentence. The AG subsequently with- drew the appeal in November 1990. Still, this was not the end of illegalities on the site because an enforcement order against a makeshift car-park was issued in 1998. Baldacchino Holdings re- cently presented new plans to demolish the existing complex and construct 12 bungalows instead, this time excluding the illegal car park that has been subject to an enforcement or- der issued 20 years ago. Its regularisation has now been withdrawn following strong opposition from Zur- rieq residents. Instead the de- velopers have presented anoth- er application to plant an olive grove on the site of the car park to rectify the long-standing il- legality. jdebono@mediatoday.com.mt Botched 1990 police appeal paved way for 'legalisation' of Garden of Eden in Zurrieq